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(Page 2) <br />MINE ID # OR PROSPECTING ID # M-2007-035 <br />INSPECTION DATE 04/15/09 INSPECTOR'S INITIALS PSH <br />OBSERVATIONS <br />The Bond Pit, File No. M-2007-035, was inspected by Peter Hays with the Division of <br />Reclamation, Mining and Safety (Division) as a result of the operator's, Glenn E. Sessions <br />& Sons, Inc. (Sessions), failure to post the required financial warranty within 1 year of <br />the application approval by the Division on September 17, 2007. Mr. Gordon Brocker with <br />Glenn E. Sessions & Sons, Inc. was present during the inspection. The pit was last <br />inspected by the Division on August 28, 2008 as a pre-operational inspection. <br />The Bond Pit is located approximately 3 miles north of Walden, Colorado east of State <br />Highway 125 in Jackson County, Colorado. The permit area is approved for 20.31 acres and <br />is owned by Glenn E. Sessions & Sons, Inc. <br />On September 17, 2007, the Division of Reclamation, Mining and Safety approved the <br />Construction Material Regular (112) Operation application, M-2007-035, for the Glenn E. <br />Sessions and Sons, Inc. Bond Pit. The Glenn E. Sessions, Inc. Corporation was required to <br />post a financial warranty of $35,527.00 within 365 days of approval (by September 17, <br />2008). The financial warranty had not been received by the Division on the date of this <br />inspection. <br />The Division contacted Sessions on March 30, 2009 to determine the status of the Bond Pit <br />and financial warranty. A representative from Sessions stated the site was being mined <br />and that he believed the bond had been submitted to the Division. On April 6, 2009, the <br />Division and Sessions determined the financial warranty had not been submitted to the <br />Division. Sessions agreed to stop mining the site and submit the financial warranty. The <br />site was inspected by the Division on April 15, 2009 to determine the extent of <br />disturbance. At the conclusion of the inspection, Sessions provided the Division with <br />required financial warranty in the form of a Letter of Credit. The Letter of Credit was <br />determined to be inadequate by Division staff on April 17, 2009. <br />The Division's inspection revealed that mining had occurred on the northern portion of the <br />Bond Pit. Equipment and stockpiles were observed on site during the inspection. Two (2) <br />scraper topsoil stockpiles were observed on the eastern boundary of the disturbed area. <br />Two (2) overburden scraper stockpiles were located west of the topsoil stockpiles. <br />Additionally, end-dumped overburden stockpiles were located east of the product stockpile <br />area and on the southwest and south boundaries of the pit. The pit excavation ranged from <br />4 feet to 8 feet in depth. Clay was observed at the bottom of the excavation. Mr. <br />Brocker stated the pit would not be mined deeper due to the presence of the clay. No <br />processing plant or exposed groundwater were observed during the inspection. Mr. Brocker <br />stated no material has been removed from the site. <br />The proposed post mining land use is rangeland. No reclamation activities were observed <br />during the inspection. <br />The Division traversed the site using a Trimble GeoExplorer Global Positioning System Unit <br />(GPS) to determine the size of the disturbance. The Division collected data for the <br />excavated area, permit area, disturbed area and product stockpile locations. Based on the <br />post-processing of the data, the disturbed area is approximately 5.27 acres in size. The <br />GPS unit has a sub-meter level of accuracy. The GPS points were incorporated into a 2005 <br />NAIP aerial image. A map of the survey results are attached. <br />Section C.R.S. 34-32.5-103(13) of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials defines a mining operation as "the development or extraction of a <br />construction material from its natural occurrence on affected land." C.R.S. 34-32.5- <br />103(1) defines affected land as `the surface of an area within the state where a mining <br />operation is being or will be conducted, which surface is disturbed as a result of an <br />operation." Some examples of mining related disturbances included in definition of <br />affected lands are: roads, land excavations, refuse banks, spoil piles, and evaporation or <br />settling ponds. <br />